PRIVACY POLICY

PRIVACY POLICY updated on 24/05/2018

Through this Privacy Policy, MORCHEM, S.A. (hereinafter “MORCHEM”) wishes to inform you in a transparent manner about all the types of processing to which we subject your data, the purposes for which we process it and the rights that you, the user, can exercise over your personal data, as well as the length of time during which we will keep it.

We hereby inform you that, by accessing our Website, you become a User. You, as the User, declare that you have the necessary legal capacity to understand and accept the Privacy Policy in full. This Privacy Policy must be read in conjunction with our Cookie Policy [see https://www.morchem.com/es/politica-de-cookies/].

Thank you for visiting our website. We hope you will enjoy finding out about the services provided by MORCHEM.

 1. WHO IS MORCHEM IN THE PROCESSING OF YOUR DATA?

This Privacy Policy regulates the use of the website www.MORCHEM.com (hereinafter, “the Website”), of which MORCHEM, S.A. (hereinafter, “MORCHEM”) is the owner.
The data controller is MORCHEM, S.A., which is registered in Barcelona Commercial Register, Volume 25252, Folio 213, Sheet No. 85566, with Tax Identification Number (NIF) A58051772 and registered address at Calle Alemania, 20 (P. Ind. Pla de Llerona), 08520 Les Franqueses del Vallès (Llerona), Barcelona, Info-NotifyGDPR@morchem.com

Users agree to be subject to the terms and conditions set forth in these Terms and Conditions to the extent that they apply to them.

2. WHAT IS PERSONAL DATA, AND WHAT IS PERSONAL DATA PROCESSING?

This is the data that either identifies a person or makes a person identifiable. For example, the data that can identify a person directly is the person’s name and surname, while their ID Card number can identify them indirectly. Personal data includes information such as a person’s mobile phone number, e-mail address, date of birth and gender, among others. We could also include numeric identifiers such as your computer’s IP address, as well as the information obtained by means of cookies.

Personal data processing is any operation or set of operations performed by us on your personal data, such as the collection, registration, conservation, use and disclosure of your data.

3. WHAT TYPE OF INFORMATION DO WE COLLECT?

In order to be able to carry out the data processing specified in this Privacy Policy, we need certain information about you. That is why we collect the information provided by you through the various interaction and communication channels, such as the member account registration form on the website, the information and contact request forms, the form for signing up to receive the newsletter, corporate profiles on social networks, etc.

The data we can collect through the above channels is: your name and surname, company name, industry, mobile phone number, e-mail address, your answers to satisfaction surveys or product feedback questionnaires, shipping address (if this is not the same as your home address), social network profiles (only in cases in which you consent to share this personal information with us), information about your use of, and browsing on, the Website (the site from which you arrive at the Website, the layers thereof visited, the processes started and abandoned, IP address, type of device used for access, Internet browser used, the amount of time spent on the Website, etc.). We also store a “session ID”, which corresponds to an internal code that identifies you as user, your experience, job position, etc.

4. HOW DO WE COLLECT YOUR PERSONAL DATA?

You do not need to register on our Website in order to enjoy and find out about all the services available at MORCHEM. We only capture and process the information provided by you through the following channels:

  • Contact form: in which you provide your personal data so we can contact you or your company.
  • Customer service request forms: in which you provide your personal data to request information about our products, terms of delivery, payment methods, how to cancel your subscription, etc.
  • ‘Work with Us’ form: in which you provide your personal data so that we can assess you as a candidate for employment or an internship at MORCHEM.
  • Interaction with the Website and with MORCHEM on social networks: through your use of the Website when browsing it and through your interaction through the company’s corporate profiles on various social networks.

5. HOW AND WHY DO WE PROCESS YOUR PERSONAL DATA?

In order to inform you with transparency and in detail about the purposes for which we process your data, we have set out the information on each type of processing in separate tables. This way, you will be able to find all the specific information on each type of processing that we carry out on your data in its own table.

Each table describing the types of processing concerned contains the following information:

a) What do we process your data for?

In this column, we explain why and for what purpose we process your personal data.

b) On what legal basis do we process your data?

This column explains the legal basis that allows us to process your personal data. The data protection legislation requires us to have a basis to allow the processing of your data. Thus, we rely on four legal grounds – depending on the activity or on the type of processing to which we subject your data – to process your personal information. The legal grounds for the processing of your personal data can be:

  • Legitimate interest: As a company, MORCHEM has a legitimate interest in collecting and processing your personal data in order to study and analyse the suitability of our Website, products and services and whether they are in accordance with our customers’ and users’ needs or should instead be modified in some specific aspect or can be improved to be better suited to those needs. We also have a legitimate interest in maintaining regular contact with you in order to keep you informed about promotional or advertising matters regarding our products and services. In any event, this legitimate interest is based on an analysis of the right balance between our interest in processing your personal data and your rights and freedoms. The result of this analysis will determine whether or not we can use your personal information for the types of processing set forth in this Privacy Policy (except with regard to segmentation and profiling for sending commercial communications, which requires your express consent).
  • Compliance with a legal obligation: MORCHEM as a company is the controller of your data. For this reason, we must comply with a number of obligations imposed by accounting, tax, consumer and other legislation. In cases in which the legal justification for any of our processing is the fulfilment of a legal obligation, your refusal to provide any legally required personal data will preclude you from acquiring products or services from MORCHEM, as doing so would entail a breach of the legislation to which we are subject.
  • Your consent: If MORCHEM wishes to process your data in a way whose legal justification cannot be based on any of the above grounds, we will request your consent before such processing. In any case, please note that you can always withdraw your consent in such cases.

c) How long do we keep your personal data for?

This column provides an indication of the length of time for which we will keep your data. In any case, the length of time for which we will retain your data will depend on the processing being carried out on your personal information. You must remember that, under certain accounting, tax, consumer, data protection and contract legislation, we may be under an obligation to retain certain customer and user data for a specified time.

d) What are your rights?

This column describes the rights you can exercise in relation to your data, based on the processing being carried out on it. Please note that your rights may be restricted depending on the legal basis that allows the processing of your data. More details can be found in the following section.

Below you will find a more detailed description of the various types of processing carried out by MORCHEM on your personal data:

5.1. Customer Service Form: 

What do we process your data for? What is the legal basis for processing your data? How long do we keep your personal data for? What are your rights and how can you exercise them?
·  To properly process the purchase of a product and/or subscription with MORCHEM.

·   To manage actual payment of the product or subscription purchased.

·   To process the shipment of the products purchased from MORCHEM.

·   To manage any incidents relating to the product purchased or service contracted.

·   To provide a customer service, answering questions and resolving queries and responding to requests for information through the various channels available.

·   To record your interaction with MORCHEM through the customer service channels.

·   To detect and avoid fraud or any illegal use or action.

·   To send surveys and feedback requests in relation to products, events, etc.

To perform existing product purchase or subscription agreements between MORCHEM and the customer. Your personal data will be processed by MORCHEM for the duration of the product purchase or service provision agreement concluded between MORCHEM and the customer.

The personal data provided will then be retained, duly blocked, for the legally stipulated limitation period for the actions that may arise as a result of, or in connection with, the product purchase or service agreement concluded between you and MORCHEM.

After the maximum data-processing period has come to an end, MORCHEM will anonymise or delete your personal data.

You have the right to access, rectify and delete your data, as well as other rights, as explained in the additional information.

5.2. Processing of Issues Submitted through the “Contact” Form

What do we process your data for? What is the legal basis for processing your data? How long do we keep your personal data for? What are your rights?
·   The purpose of this processing is the management of issues and resolution of queries sent by users. The legal basis for the processing of your data is user consent. Your personal data will be processed by MORCHEM unless and until you exercise your right of objection or erasure.

If you exercise these rights, the personal data provided will be kept duly blocked during the limitation period provided by law for any actions that may arise from the processing.

After the maximum data-processing period has come to an end, MORCHEM will anonymise or delete your personal data.

You have the right to access, rectify and delete your data, as well as other rights, as explained in the additional information.

5.3. Analysis of Customer and User Data for Statistical and Business Purposes

What do we process your data for? What is the legal basis for processing your data? How long do we keep your personal data for? What are your rights?
·          To analyse customers’ and users’ use and enjoyment of the Website and of the products and services offered by MORCHEM.

·          To prepare business reports and statistics.

·          To improve the Website and the products and services offered by MORCHEM and to adapt them to changing trends in customers’ and users’ activities.

MORCHEM’s legitimate interest in ascertaining and analysing the efficiency of its business and activities. Your personal data will be processed by MORCHEM during the term of validity of the relevant promotion and the period for claiming it.

The personal data provided will then be retained, duly blocked, for the legally stipulated limitation period for the actions that may arise as a result of, or in connection with, the product purchase or service agreement concluded between you and MORCHEM.

After the maximum data-processing period has come to an end, MORCHEM will anonymise or delete your personal data.

You have the right to object to the processing of your data for statistical and business analysis purposes by asking us to stop by e-mail at: Info-NotifyGDPR@morchem.com

Furthermore, you have the right to access, rectify and delete your data, as well as other rights, as explained in the additional information.

5.4. Processing of Curriculum Vitaes

What do we process your data for? What is the legal basis for processing your data? How long do we keep your personal data for? What are your rights?
·   Evaluation of the data subject as a candidate. Consent of the candidate (data subject). Your personal data will be processed by MORCHEM for a period not exceeding 24 months from the date the CV is collected.

After the maximum data-processing period has come to an end, MORCHEM will anonymise or delete your personal data.

You have the right to object to the processing of your data for statistical and business analysis purposes by asking us to stop by e-mail at: Info-NotifyGDPR@morchem.com

Furthermore, you have the right to access, rectify and delete your data, as well as other rights, as explained in the additional information.

  5.5 Maintenance of Up-to-Date Deletion Lists to Avoid Being Contacted if so Requested by the Customer or User 

What do we process your data for? What is the legal basis for processing your data? How long do we keep your personal data for? What are your rights?
·   To keep an up-to-date list of all those customers and users who have requested the deletion of their data or who have at any time objected to receiving commercial communications from us. Legal obligation: Under Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, we are under an obligation to respect your rights and keep evidence of our compliance with your request pursuant to your right of cancellation. We will keep your personal data for the limitation period provided by law for filing any claim in relation to our effective or defective response to your right of erasure or objection exercised by you.

After the maximum data-processing period has come to an end, MORCHEM will anonymise or delete your personal data.

The rights described in this privacy policy are limited because, as explained in the above section, this processing is based on a legal obligation.

 5.6. Analysis of Use, Operation and Improvement of the Website 

What do we process your data for? What is the legal basis for processing your data? How long do we keep your personal data for? What are your rights?
·         To recognise a user when he or she returns to the Website.

·  To make it easier to share contents on the Website through social networks and communication channels.

·  To adapt the Website to the type of device used by each user.

·  To adapt the Website to the personalisation criteria chosen by each user and remember them.

·  To consider and implement possible improvements to the Website in order to optimise the usability experience.

·  To show the correct content of the Website as requested by each user at any given time.

·  To make it possible to share Website content on social networks.

User Consent We will retain your personal data for the period required by each type of cookie or until you withdraw your consent or exercise your right of objection.

After the maximum data-processing period has come to an end, MORCHEM will anonymise or delete your personal data.

You have the right to access, rectify and delete your data, as well as other rights, as explained in the additional information.

 

6. WHAT ARE YOUR RIGHTS WHEN YOU PROVIDE YOUR DATA TO US?

Below is a description of the rights you can exercise as user of the website:

Rights What does it mean?
Right of access You have the right to obtain confirmation from MORCHEM of whether or not it is processing your personal data and, if it is, the right to know what data it is processing.
Right to rectification This involves the possibility of amending any data that is inaccurate or incomplete. The rectification request must state what data you want to amend.
Right to object You can object to our processing of your data at any time. You have the right to object at any time, for reasons relating to your specific situation, to the processing based on the company’s legitimate interest of personal data concerning you. MORCHEM will stop processing the personal data, unless we can prove that we have compelling legitimate reasons for such processing which override your interests, rights and freedoms, or for the establishment, exercise or defence of legal claims.
Right of erasure This right allows you to delete your personal data. The data will be kept blocked in such a way that it cannot be processed, although it may still be made available to public bodies, judges and courts for the purpose of dealing with any possible liabilities arising from the processing during the limitation period.
Right to data portability You have the right to copy and transfer data from our database to another data processor of MORCHEM. This right can only be exercised when the processing is based on the performance of a contract or your consent and the processing is carried out by automated means.
Right to restriction of processing Pursuant to this right, you can ask us to suspend the processing of your data when:

§   You challenge the accuracy of the data, while MORCHEM verifies such accuracy.

§   You have exercised your right to object to the processing of your data, while we verify whether MORCHEM’s legitimate reasons prevail over yours as the data subject.

In addition, this right entitles you to ask MORCHEM to retain your personal data when:

§   The processing of your data is unlawful and you, as data subject, object to its erasure and instead request that its use be restricted;

§   MORCHEM no longer needs your personal data for processing purposes but still needs it in order to file, exercise or defend legal claims;

How can you exercise these rights? You can exercise your right by sending your request to the following e-mail address: Info-NotifyGDPR@morchem.com or by post, in the form of a written and signed request, attaching a photocopy of your ID card or passport, to the following address: Calle Alemania, 20 (P. Ind. Pla de Llerona), 08520 Les Franqueses del Vallès (Llerona), Barcelona (Spain).

We also inform you that, if MORCHEM fails to properly act in accordance with the rights exercised by you, you may file a claim with the Spanish Data Protection Agency (AEPD). For more information about this right and how to exercise it, you may contact the AEPD:

http://www.agpd.es

Tel. Nos. 901 100 099 and +34 91 266 35 17

Calle Jorge Juan, 6, 28001-Madrid (Spain)

7. TO WHOM DO WE DISCLOSE YOUR PERSONAL DATA?

MORCHEM does not disclose the personal information provided by you through the methods described in Section Four unless this is necessary in order to provide the contracted service. Examples of this include communications to payment platforms, banks and companies in order for transactions to be processed.

We may also disclose your personal data following a legal requirement or a ground that renders such disclosure to courts or government bodies lawful.

Other possible third parties to whom we may disclose your data following a legal requirement or ground that makes such disclosure lawful include:

  • Legal advisors
  • Courts of law
  • The Tax Authority
  • Government bodies and agencies
  • Law enforcement forces and agencies
  • Data processors who need to access certain information and/or personal data in order to provide the necessary services. Data processors include, for example, the transport and courier companies in charge of taking your order to the address requested. The data may be transferred to those suppliers with access to data with whom the obligations and responsibilities assumed in the processing of the data are formalised. They act as Data Processors. MORCHEM concludes appropriate data processing contracts with the proper guarantees regarding the processing of personal data and its confidentiality and cancellation, destruction or return.

8. IS YOUR DATA SECURE?

 To ensure the fair and transparent processing of your personal information, we will put in place appropriate procedures. These will include the implementation of technical and organisational measures that take into account the potential risk and correct any inaccuracies identified in the personal data processed, thereby minimising the risk of errors and processing your data in a fair and safe manner.

All the information provided by you is stored on secure servers. Unfortunately, the transmission or communication of information on the Internet is not completely secure. For this reason, once we have received all your information, we will use strict security procedures in an effort to prevent unauthorised access.

Furthermore, we make sure that our service providers also have adequate security standards for the protection of the personal data to which they have or may eventually have access, in accordance with the applicable data protection legislation.

9. CHANGES TO THIS PRIVACY POLICY

This Privacy Policy may change over time due to possible changes in the criteria applied by the competent data protection supervisory authority from time to time. MORCHEM therefore reserves the right to amend this Privacy Policy in order to adapt it to such criteria as well as to changes in the legislation or the case law.

Latest version: May 2018.

10. CONTACT 

If you have any queries regarding our processing of your personal data, please write to us at Info-NotifyGDPR@morchem.com.

11. SECURITY

MORCHEM S.A. uses information security techniques commonly accepted in commercial practice, such as firewalls, access control procedures and cryptographic mechanisms in order to prevent unauthorised access to data. To that end, you, the user/customer, accept that the suppler may obtain data for the recognition of such access controls.

INTELLECTUAL AND INDUSTRIAL PROPERTY

This website is the property of MORCHEM S.A. Unless otherwise expressly stated, the intellectual property and exploitation rights of this website, its pages and screens, the information they contain, their appearance and design and any link to other websites belonging to any subsidiary and/or company in which MORCHEM S.A. has a holding, are its sole property. Any name, design and/or logo, and any product or service offered and set out on this website, are trademarks duly registered by MORCHEM S.A., by its subsidiaries and/or by the companies in which it has a holding, or by third parties. Any misuse thereof by persons other than their lawful owners without their express unambiguous consent may be reported and fought using all the legal methods available in the Spanish and/or EU legal system.

Third-party trademarks and intellectual property rights will be clearly indicated and must be duly respected by any person who accesses this website. MORCHEM S.A. will accept no liability for any use that may be made by users in this regard; liability will lie exclusively with the user.

The contents of this website may only be downloaded, or its pages copied or printed, for private personal use. The reproduction, transmission, modification or deletion of any information, content or warnings on this website are forbidden save with MORCHEM S.A.’s prior written consent.

The contents made available by MORCHEM S.A. are subject to intellectual and industrial property rights and are the sole property of MORCHEM S.A. or of the natural or legal persons on which we provide information. When a buyer purchases a product or service, MORCHEM S.A. does not grant such buyer any rights of alteration, exploitation, reproduction, distribution or public dissemination in relation to the product or service; all rights of this kind are reserved by MORCHEM S.A. The above rights may only be assigned with their owner’s written authorisation, so that the customer cannot make the contents available to third parties.

In addition to the content included in MORCHEM S.A., intellectual property includes all the graphics, logos, designs, images and source code used in its programming.

MORCHEM S.A. has obtained the information and materials included in the website from sources deemed to be reliable and, even if sufficient measures to ensure the accuracy of the information contained in it have been taken, MORCHEM S.A. cannot guarantee that the information is accurate, complete and up-to-date at all times and in all circumstances. It should therefore not be assumed that this is the case. MORCHEM S.A. expressly disclaims all liability for any errors or omissions in the information contained on the pages of this website.

MORCHEM S.A. reserves the right to modify, suspend, cancel or restrict, without prior notice, the content of the website, the links or the information obtained through them. In no event will it accept any liability arising from a user’s misuse of the website, both in terms of the information and in relation to the services contained in it.

Under no circumstances will MORCHEM S.A., its branches and/or its work places, directors and/or lawyers, employees or authorised staff in general be liable for any kind of damage, loss, claim or cost directly or indirectly resulting from the use and/or dissemination of the website or the information acquired or learned through it, or from any computer virus, operating failure or interruptions to the service or transmission, or connection failures when using the website, either directly or through links or other means, and this is a warning to all users that the above events could happen.

MORCHEM S.A. accepts no liability for any websites that do not belong to it that may have been accessed by users through links or for any content made available to third parties. Any use of links or access to a website other than our own shall be at your own risk. MORCHEM S.A. does not recommend or guarantee any information obtained through any link, and will accept no liability for any losses, claims or damage arising from the use – or misuse – of a link or of the information obtained through it, including other links or web pages, for any interruption to the service or to access, or for any attempt to use – or misuse – a link, both when connecting to MORCHEM S.A.’s website and when accessing information on other web pages reached from it.

12. JURISDICTION AND APPLICABLE LAW

In the event of a dispute or disagreement relating to the interpretation of the terms of this legal warning or of any other matter relating to the services of this website, the applicable law shall be Spanish law.